HomeMy WebLinkAboutLL 17 of 1992 Amend Sewers, Drains, Wastewater Law with EPA & DEC Changes Local Law Filing NEW YORK STATE DEPARTMENT OF STATE
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F1 NAL
ox
of ..ITHACA
Town ....................................................................
..................................................
Local Law No. .........1..7....................................... of the year 19 92...
Alocal law ............................................................................................................................................
(Insert Title)
Be it enacted by the .....TOWN.: ...............................................................................................................ofthe
....... ............
(Name of Legislative Body)
of ....I.T HACA...............................................................................................................................as follows:
Town ............
A local law, "AMENDING"LOCAL LAW NO. 1 OF THE YEAR 1984 REGULATING THE USE OF
PUBLIC SEWERS AND DRAINS, PRIVATE WASTEWATER DISPOSAL, THE INSTALLATION AND CONNECTION
OF BUILDING SEWERS, AND THE DISCHARGE OF WATERS AND WASTES INTO THE PUBLIC SEWER
SYSTEMS, THE TREATMENT AND PRETREATMENT' OF INDUSTRIAL WASTES, AND PROVIDING FOR THE
INSPECTION OF SUCH FACILITIES AND THE ENFORCEMENT OF THIS LAW WHICH AMENDMENTS
CONFORM. LOCAL LAW NO. 1 OF THE YEAR 1984 WITH RECENT EPA AND DEC REGULATORY CHANGES."
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239 (Rev. 7/90)
SEWER USE REQUIREMENTS
Local Law
No. 17
1992
A LOCAL LAW ENTITLED "SEWER USE REQUIREMENTS"
ARTICLE I
General Provisions
1. Purpose and Applicability
2 . Administration
3 . Definitions and Word Usage
ARTICLE II
Regulation of Wastewater Discharges
4 . General Discharge Prohibitions
5. Specific Discharge Prohibitions
6. Specific Pollutant Limitations
7. Categorical Pretreatment Standards
8 . Modification of Categorical Pretreatment Standards
9 . State Requirements
10. Right of Revision
11. Dilution Prohibited in Absence of Treatment
12 . Alternative Discharge Limits
13 . Pretreatment
14 . Accidental Discharges
ARTICLE III
Wastewater Discharge Permits
15. Permit Required
16. Permit Application Requirements
17. Permit Conditions
18 . Permit Modifications
19 . Duration of Permits
20. Permit Transfer
21. Permit Decisions
ARTICLE IV
Reporting Requirements, monitoring, and Inspections
22 . Reporting Requirements
23 . Signatory Requirements
ARTICLE IV, cont 'd
Reporting Requirements, Monitoring, and Inspections
24 . Monitoring and Analysis
25. Recordkeeping Requirements
26. Monitoring Facilities
27 . Inspection and Sampling
28 . Slug Control Plans
29 . Confidential Information
ARTICLE V
Septage Discharges
30. Septage Hauler Requirements.
31. Septage Discharge Requirements
32 . Dumping Location and Timing
33 . Notification of Dumping
34 . Dumping Fees
ARTICLE VI
Enforcement
35. Imminent Endangerment
36. Other Harmful Discharges
37 . Publication of List of Violators
38 . Compliance Orders
39 . Suspension and Revocation of Permit
40. Notice of Violation
41. Show Cause Hearing
42 . Legal Action
ARTICLE VII
Penalties and Costs
43 . Civil Penalties
44 . Criminal Fines and Imprisonment
ARTICLE VIII
Fees
45. Charges and Fees
46. Assessment of Charges and Fees
47. Surcharges for Certain Conventional Pollutants
ARTICLE IX
Severability; Repealer; Effective Date
48 . Severability
49 . Repealer
50. Effective Date
ARTICLE I - GENERAL, PROVISIONS
1. Purpose and Applicability
A. The purposes of this law are the following:
(1) To set forth uniform requirements for
contributors into the wastewater collection and treatment
system currently owned jointly by the City of Ithaca, the
Town of Ithaca, and the Town of Dryden (hereinafter
collectively referred to as the "municipalities',,) and to
enable the municipalities to comply with all applicable
requirements under New York and federal law, including,
without limitation, the Clean Water Act of 1977, as amended,
and the General Pretreatment Regulations promulgated
thereunder at 40 C.F.R. Part 403 . , Additional municipalities
may in the future join in the ownership of this wastewater
collection and treatment system.
(2) To prevent the introduction of pollutants into
the municipalities ' publicly owned treatment works (11POTW11)
which will:
(a) interfere with its operations, including
interference with the use or disposal of municipal sludge;
(b) Pass Through or otherwise be incompatible
with the POTW;
(c) limit opportunities to recycle and
reclaim municipal and industrial wastewaters and sludges; or
(d) endanger the health or safety of sewer
workers.
(3) To prevent new sources of infiltration and
inflow and, to the extent possible, eliminate existing
sources of infiltration and inflow; and
(4) To provide for equitable distribution and
recovery of the cost of the municipal wastewater system.
B. This law shall apply to all Users of the POTW in the
municipalities and to persons who are, by resolution,
agreement, contract , or permit with the municipalities ,
Special Joint Subcommittee, or POTW, Users of the POTW.
2. Administration
Except as otherwise provided herein, the Special Joint
Subcommittee and its representative, the Chief Operator,
shall have the authority to administer, implement, and
enforce the provisions of this law. To the extent
practicable and consistent with the requirements of the
General Pretreatment Regulations set forth at 40 C.F.R. Part
403 , the Special Joint Subcommittee shall keep officials in
the City of Ithaca, Town of Ithaca, Town of Dryden, and any
other municipality which contracts with the municipalities or
Special Joint Subcommittee to discharge wastewater to the
POTW, reasonably informed of implementation and enforcement
activities involving Users located in their respective
municipalities, and shall consult with such officials in
appropriate implementation and enforcement activities with
respect to Users located in their respective municipalities .
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3 . Definitions and Word Usage
A. Definitions.
Unless the context specifically indicates otherwise, the
following terms and phrases, as used in this law, shall have
the meanings hereinafter designated:
(1) Act. The Federal Water Pollution Control Act,
also known as the Clean Water Act, as amended, 33 U.S . C. a
1251 et secr. , and the regulations promulgated thereunder, as
amended from time to time.
(2 ) Approval Authoritv. The Regional
Administrator of the EPA, unless and until New York State
receives EPA approval of a state pretreatment program. Once
New York State receives such approval, then the Approval
Authority will be the Commissioner of the DEC.
(3 ) Authorized Representative . An authorized
representative of an Industrial User shall be : (1) a
responsible corporate officer, if the User is a corporation,
provided that the responsible corporate officer is: (a) a
president, vice-president, secretary, or treasurer of the
corporation in charge of a principal business function, (b)
any other person who performs similar policy- or decision-
making functions for the corporation, or (c) the manager of a
facility or facilities employing more than 250 persons or
having gross annual sales or expenditures exceeding $25
million (in second-quarter 1980 dollars) , provided that the
manager has received the authority to sign documents in
fi accordance with corporate procedures; (2) a general partner
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or proprietor, if the User is a partnership or sole
proprietorship, respectively; (3) a member of the governing
board or executive office of a governmental entity, if the
User is a governmental facility, or (4) a duly authorized
representative of the individual designated above if such
representative is responsible for the overall operation of
the facility from which the industrial discharge originates,
or has overall responsibility for environmental matters for
the company, provided, however, that the authorization is
made in writing by the individual described above, and the
written authorization is submitted to the Chief Operator.
(4) Five Day Biochemical Oxygen Demand ("BODS' .
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure for
five (5) days at 20, centigrade, expressed in terms of weight
and concentration (milligrams per liter (mg/1) ) .
(5) Bypass . The intentional diversion of
wastestreams from any portion of an Industrial User ' s
treatment facility.
(6) Categorical Pretreatment Standard. A National
Pretreatment Standard which applies to a specific industrial
subcategory and is published at 40 C. F.R. Chapter I ,
Subchapter N.
(7) Chief Operator. The person appointed by the
City of Ithaca and approved by the Special Joint Subcommittee
to supervise the operation of the POTW, or his or her duly-
authorized representative, including the Pretreatment
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Coordinator. The Chief Operator or his or her representative
shall be the Special Joint Subcommittee's authorized agent
and representative in the administration and enforcement of
this law.
(8) Cooling Water. The water discharged from any
use, such as air conditioning, cooling, or refrigeration, to
which the only pollutant added is heat.
(9) C. F.R. . Code of Federal Regulations.
(10) DEC. The New York State Department of
Environmental Conservation.
(11) Direct Discharge. The discharge of treated
or untreated wastewater directly to the waters of the State
of New York or of the United States.
(12) Discharge. See Indirect Discharge.
(13) Domestic—Source. Any residence, building,
structure, facility, or installation from which there is or
may be discharged to the POTW only sanitary sewage.
(14) EPA. The U. S . Environmental Protection
Agency.
(15) Garbage. The solid waste from the
preparation, cooking, and dispensing of food, and from the
handling, storage, and sale of produce.
(16) Indirect Discharge. The introduction of
pollutants into the POTW from any source, other than a
Domestic Source, regulated under section 307 (b) , (c) , or (d)
of the Act.
(17) Industrial User. A source of Indirect
Discharge.
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(18) Industrial Waste. Any liquid, gaseous, or
solid waste substance, or a combination thereof, resulting
from any process of industry, manufacturing, trade , or
business, from any process related to services or activities
performed by any public or private institution or facility,
or from the development or recovery of any natural resources.
(19) Interference. A discharge which, alone or in
conjunction with a discharge or discharges from other
sources, inhibits or disrupts the POTW, its treatment
processes or operations, Or its sludge processes, use or
disposal and which is a cause of a violation of any
requirement of the POTWIS SPDES Permit (including an increase
in the magnitude or duration of a violation) , or of the
prevention of sewage sludge use or disposal by the POTW in
accordance with applicable federal, state, or local statutes
and regulations or permits issued thereunder, as set forth in
40 C.F.R. 9403 . 3 (i) .
(20) Municipalities. The City of Ithaca, Town of
Ithaca, and Town of Dryden, collectively, as well as any
other municipalities which may in the future become owners of
the Ithaca Area ' Wastewater Treatment Facility.
"Municipality" used in the singular form shall mean any one
of the municipalities.
(21) National Pretreatment Standard Pretreatment
Standard, or Standard. Any regulation containing pollutant
discharge limits promulgated by the EPA in accordance with
sections 307 (b) and (c) of the Act which applies to
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Industrial Users, including prohibitive discharge limits
established pursuant to 40 C.F.R. 9 403 . 5, and Categorical
Pretreatment Standards.
(22) New Source . Any building, structure,
facility, or installation, as described in 40 C. F. R. 9
403 . 3 (k) , from which there is or may be a Discharge of
pollutants, the construction of which commenced after the
publication of Proposed Pretreatment Standards under section
307 (c) of the Act which will be applicable to such source if
such Standards are thereafter promulgated in accordance with
that section.
(23) Pass Through. A Discharge which exits the
POTW into waters of New York State or the United States in
quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause
of a violation of any requirement of the POTW's SPDES Permit
(including an increase in the magnitude or duration of a
violation) .
(24) Person. Any individual, partnership, firm,
company, Public or private corporation or authority,
association, joint-stock company, trust, estate, governmental
entity, agency or Political subdivision of a municipality, of
the State of New York, or of the United States, or any other
legal entity, or their legal representatives, agents, or
assigns. The masculine gender shall include the feminine,
and the singular shall include the plural where indicated by
the context.
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(25) pH. The logarithm (base 10) of the
reciprocal of the concentration of hydrogen ions expressed in
grams per liter of solution.
(26) Pollutant. Any element or property of
sewage, agricultural, industrial, commercial or municipal
waste, leachate, heated effluent, dredged spoil, solid waste,
incinerator residue, garbage, chemical wastes, biological
materials, radioactive materials, rock, sand, and cellar dirt
which is discharged into the POTW.
(27) Pretreatment. The reduction of the amount of
pollutants, the elimination of pollutants, or the alteration
of the nature of Pollutant properties in wastewater to a less
harmful state prior to or in lieu of discharging or otherwise
introducing such pollutants into the POTW. The reduction or
alteration can be obtained by physical , chemical -or
biological processes, process changes, or other means, except
as prohibited by 40 C.F.R. 9403 . 6 (d) .
(28) Pretreatment Requirement. Any substantive or
procedural requirement related to Pretreatment, other than a
National Pretreatment Standard, imposed on an Industrial
User. This term shall include general and specific discharge
prohibitions and pollutant limitations imposed by this law or
other local laws.
(29) Publicly Owned Treatment Works or POTW. The
treatment works, as defined by Section 212 of the Act, owned
by the municipalities and known as the Ithaca Area Wastewater
Treatment Facility. This definition includes any devices and
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systems used in the storage, treatment, recycling, and
reclamation of municipal sewage or industrial wastes of a
liquid nature. It also includes those sewers, pipes, and
other conveyances which convey wastewater to the POTW' s
Treatment Plant. For the purposes of this law, POTW shall
also include any sewers and other facilities that convey
wastewater to the POTW Treatment Plant from persons who are,
by permit, resolution, contract, or agreement with the
municipalities, Special Joint Subcommittee, or POTW, Users of
the POTW.
(30) POTW Treatment Plant. That portion of the
POTW designed to provide treatment (including recycling and
reclamation) of municipal sewage and industrial waste.
(31) Sanitary Sewage. Liquid and water-carried
human and domestic wastes from residences , commercial
buildings, industrial plants and institutions, exclusive of
ground, storm and surface water and exclusive of industrial
wastes.
(32) Sanitary Sewer. A sewer that carries liquid
and water-carried wastes from residences, commercial
buildings, industrial plants and institutions together with
minor quantities of ground, storm, and surface waters that
are not admitted intentionally.
(33) ag2ta_qe. All liquids and solids in and
removed from septic tanks, holding tanks , cesspools, or
chemical toilets, including but not limited to those serving
private residences, commercial establishments, industries,
and institutions. Septage shall not contain Pollutants which
the Chief Operator determines may cause problems at the POTW.
(34) Sewer. A pipe or conduit that carries
wastewater.
(35) Sewerage - System. Any device, equipment, or
works used in the transportation, pumping, storage ,
treatment, recycling, and reclamation of wastewater.
(36) Significant Industrial User. All Industrial
Users subject to Categorical Pretreatment Standards, and any
other Industrial User that discharges an average of 25, 000
gallons per day or more of process wastewater to the POTW
(excluding sanitary, noncontact cooling and boiler blowdown
wastewater) ; contributes a process wastestream which makes up
5 percent or more of the average dry weather hydraulic or
organic capacity of the POTW treatment plant ; or is
designated as such by the Chief Operator on the basis that
the Industrial User has a reasonable potential for adversely
affecting the POTW ' s operation or for violating any
Pretreatment Standard or Requirement. Upon a finding that an
Industrial User meeting the foregoing criteria has no
reasonable potential for violating any Pretreatment Standard
or Requirement or for adversely affecting the POTW' s
operation, the Chief Operator may at any time, upon his or
her own initiative or in response to a petition received from
an Industrial User, and in accordance with 40 C. F. R. 9
4 03 . 8 (f) (6) , determine that such Industrial User is not a
10
Significant Industrial User. Such a determination may not be
made, however, if the Industrial User is subject to a
Categorical Pretreatment Standard.
(37) 9—lud_qe. Waste containing varying amounts of
solid contaminants removed from water, sanitary sewage,
wastewater or industrial wastes by physical, chemical, or
biological treatment.
(3 8) Slug. Any discharge of a non-routine ,
episodic nature, including, but not limited to, an accidental
spill or non-customary batch discharge.
(39) SPDES Permit. A State Pollutant Discharge
Elimination System permit issued pursuant to Section 402 of
the Act, 33 U.S.C. .91342 , and Article 17 of the New York
Environmental Conservation Law.
(40) Special Joint Subcommittee. A subcommittee
of the City of Ithaca's Board of Public Works which is
charged with oversight of the POTW, as provided for by
agreement among the City of Ithaca and Towns of Ithaca and
Dryden. This subcommittee currently consists of
representatives from the City of Ithaca and Towns of Ithaca
and Dryden, and may in the future include representatives
from other* municipalities which become joint owners of the
POTW.
(41) Suspended Solids. The total suspended matter
that floats on the surface of, or is suspended in, water,
wastewater or other liquids , and which is removable by
laboratory filtering in accordance with the current Standard
Methods.
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(42 ) . Toxic Pollutant. Any Pollutant or
combination of pollutants listed as toxic in regulations
promulgated by EPA under section 307 (a) of the Act, or other
Acts, or in regulations promulgated under New York State law.
(43) User. Any Domestic Source or Industrial User
which discharges wastewater to the POTW.
(44) Wastewater. The liquid and water-carried
industrial , non-domestic or domestic wastes, including
sewage, industrial waste, other wastes, or any combination
thereof, from dwellings, commercial buildings, industrial
facilities, and institutions, together with any groundwater,
surface water, and storm water that may be present, whether
treated or untreated, which is discharged into the POTW.
(45) Wastewater Discharge Permit or Permit. The
document issued to Industrial Users by the Chief Operator for
the discharge of wastewater, as set forth in Section 15 of
this law.
(46) Waters of the State. All streams, lakes,
ponds, marshes, . watercourses , waterways, wells , springs ,
reservoirs, aquifers, irrigation systems, drainage systems,
and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which
are contained within, flow through, border upon, or are
within the jurisdiction of the State.
B. Word Usage.
"Shall" is mandatory; "may" is permissive.
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ARTICLE II - REGULATION OF WASTEWATER DISCHARGES
4. General Discharge Prohibitions
A. No User may introduce into the POTW any pollutant(s)
which cause Pass Through or Interference. These general
prohibitions and the specific prohibitions in Section 5 of
this law apply to each User introducing pollutants into the
POTW whether or not the User is subject to National
Pretreatment Standards or any other national, state, or local
Pretreatment Requirements.
B. An Industrial User shall have an affirmative defense
in any action brought against it alleging Pass Through or
Interference where the Industrial User can demonstrate that
it did not know or have reason to know that its discharge,
alone or in conjunction with discharges from other sources,
would cause Pass Through or Interference, and either (1) the
Industrial User was in compliance with the local limits for
each pollutant that caused Pass Through or Interference
directly prior to and during the Pass Through or
Interference, or (2) if no local limits for the pollutant(s)
which caused Pass Through or Interference have been
developed, the Industrial User's discharge directly prior to
and during the Pass Through or Interference did not change
substantially in nature or constituents from the User's prior
discharge activity when the POTW was regularly in compliance
with its SPDES permit requirements and applicable
requirements for sewage sludge use or disposal .
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5. Specific Discharge Prohibitions
In addition to the provisions of section 4 above, the
following discharges to the POTW by any User are specifically
prohibited:
(A) Storm and surface waters, roof runoff, and
subsurface drainage. These discharges shall be made only to
such sewers as are specifically designated by the Chief
Operator as storm sewers, or directly to waters of the State,
as may be permitted under an applicable SPDES permit. All
existing discharges to the POTW of such waters shall be
disconnected within one hundred and twenty (120) days of the
effective date of this law. Groundwater and noncontact
cooling water may be discharged to the POTW only if so
authorized by a Wastewater Discharge Permit, and only if the
Chief Operator determines that sufficient hydraulic reserve
capacity exists at the POTW to accommodate such discharges.
Authorization for such discharges may be revoked by the Chief
Operator in his discretion at any time if he or she
determines that the POTW's reserve capacity is no longer
sufficient or is needed for other potential discharges, or
that such discharge is detrimental in any way to the POTW.
Existing unpermitted discharges of groundwater and noncontact - -
cooling water shall be disconnected within one hundred and
twenty (120) days of the effective date of this law.
(B) Any liquids, solids, or gases which by reason
of their nature or quantity are, or may be, sufficient either
alone or by interaction with other substances to cause a fire
or explosion hazard in the POTW or be injurious in any other
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way to the POTW, its operation, or the health or safety of
the POTW I s workers. At no time shall a User discharge a
wastestream with a closed cup flashpoint of less than 140
degrees Farenheit or 60 degrees Centigrade using the test
methods specified in 40 C. F.R. 9261.21. Unless specifically
authorized to do so by permit, no User shall discharge any
quantity of the following materials: gasoline, kerosene,
naphtha, benzene, toluene, xylene, fuel oil, ethers, ketones,
aldehydes, chlorates , perchlorates , bromates, carbides ,
hydrides and sulfides, dry cleaning fluids, and any other
substance which the Chief Operator, DEC, or the EPA has
notified the User is a fire hazard or explosive hazard to the
system.
(C) Solid or viscous substances in quantities or
of such size capable of causing obstruction to the flow in
sewers or other interference with the proper operation of the
POTW including, but not limited to: grease, garbage with
particles greater than one-half inch (1/211) in any dimension,
animal guts or tissues, paunch manure, bones, hair, hides or
fleshings, entrails, whole blood, feathers, ashes, cinders,
sand, spent lime, stone or marble dust, metal, glass, straw,
shavings, grass clippings, rags, spent grains, spent hops,
waste paper, wood, plastics, rubber, tar, asphalt residues,
residues from refining or processing of fuel or lubricating
oil, mud, or glass grinding or polishing wastes.
(D) Wastewater having a pH less than 5.5 standard
units, or greater than 11. 0 standard units, or wastewater
having any other corrosive or caustic property capable of
causing damage or hazard to structures, equipment, and/or
personnel at the POTW. Wastewater having a PH greater than
9.5 standard units, but in no case greater than 11. 0 standard
units, may be discharged to the POTW only if so authorized by
a Wastewater Discharge Permit, and only if the Chief operator
determines that the wastewater will not pose a hazard to or
harm the POTW or treatment plant workers, will not cause Pass
Through or Interference, and will not raise the costs of
operating the POTW.
(E) Wastewater containing pollutants in sufficient
quantity or concentration to cause the discharge of toxic
pollutants in toxic amounts from the POTW into its receiving
waters, or to exceed the limitations set forth in a National
Pretreatment Standard, in a Pretreatment Requirement,
including the Pollutant limitations referenced herein at
Section 6 , or in a Wastewater Discharge Permit issued
pursuant to this law.
(F) Any pollutants which, either singly or by
interaction with other wastes, result in the presence of
toxic gases, vapors, or fumes within the POTW in a quantity
that may cause POTW worker health and safety problems, or
which create a public nuisance, or which create conditions
sufficient to prevent entry into the sewers or other portions
of the POTW for maintenance and repair.
(G) Any substance which may cause the POTW' s
effluent or other product of the POTW such as residues,
sludges, or scums, to be unsuitable for disposal in any
manner permitted by law or for reclamation and reuse, or to
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interfere with the reclamation process. In no case shall a
substance discharged to the POTW cause the POTW to be in
noncompliance with sludge use or disposal
criteria,
guidelines, or regulations developed under Section 405 of the
Act; or with any criteria, guidelines, or regulations
affecting sludge use or disposal developed pursuant to the
Solid Waste Disposal Act, the Clean Air Act, or state
criteria applicable to the sludge management method being
used.
(H) Any pollutants, including oxygen demanding
pollutants (BOD, etc. ) released in a Discharge at a flow rate
and/or Pollutant concentration which will cause Interference
with the POTW.
(I) Any wastewater with objectionable color not
removed in the treatment process, such as, but not limited
to, dye wastes and vegetable tanning solutions.
(J) Heat in amounts which will inhibit biological
activity in the POTW resulting in Interference, but in no
case heat in such quantities that the temperature at the POTW
Treatment Plant exceeds 401C (104 *F) , unless the Approval
Authority, upon request of the POTW, approves alternate
temperature limits.
(K) Any wastewater containing any radioactive
wastes or isotopes of such half-life or concentration as may
exceed limits necessary to comply with applicable state or
federal regulations.
(L) Any sludges or deposited solids resulting from
an industrial pretreatment process . Sludges from food
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processing pretreatment processes may be discharged only if
specifically allowed by permit.
(M) Petroleum oil, nonbiodegradable cutting oil,
or products of mineral oil origin in amounts that will cause
Interference or Pass Through.
(N) Any trucked or hauled pollutants, except at
discharge points designated by the POTW.
6. Specific Pollutant Limitations
In addition to the discharge prohibitions set forth in
sections 4 and 5 above, the POTW has developed specific
discharge limitations, hereafter referred to as local limits,
to prevent Pass Through and Interference and to protect the
safety and health of POTW workers. In no case shall a User's
discharge to the POTW violate the local limits, as they may
be amended from time to time, and which are set forth in
separate laws adopted by the municipalities.
Z. Categorical Pretreatment Standards
Where Categorical Pretreatment Standards which EPA has
promulgated for specific industrial subcategories are more
stringent than the local limits, Industrial Users in those
subcategories shall comply with the more stringent
Categorical Pretreatment Standards in accordance with the
compliance timetables for each Categorical Pretreatment
Standard mandated by EPA. If EPA modifies an existing
Categorical Pretreatment Standard or promulgates a new
Categorical Pretreatment Standard for a particular industrial
subcategory, and that modified or new Categorical
Pretreatment Standard contains limitations more stringent
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than the local limits, then upon its effective date the
modified or new Categorical Pretreatment Standard shall
immediately supersede, for Industrial Users in that
subcategory, the local limits. The Chief operator shall
notify all affected Industrial Users of the applicable
requirements under the Act, as well as of all requirements
imposed by subtitles C and D of the Resource conservation and
Recovery Act.
8 . Modification of Categorical Pretreatment Standards
A. Pursuant to 40 C. F.R. 9403 . 7 , where the POTW
achieves consistent removal of pollutants limited by a
Categorical Pretreatment Standard, the Special Joint
Subcommittee may apply to the Approval Authority for
modification of the discharge limits for a specific pollutant
covered in the relevant Categorical Pretreatment Standard in
order to reflect the POTW's ability to remove said pollutant.
The Special Joint Subcommittee may modify pollutant discharge
limits contained in a Categorical Pretreatment Standard only
if the requirements of 40 C.F.R— 8403 .7 are fulfilled and
prior approval from the Approval Authority is obtained.
B. Pursuant to 40 C.F.R. 9403 . 13 , an Industrial User
may apply to the Approval Authority for a fundamentally
different factors variance from an applicable Categorical
Pretreatment Standard if the factors relating to its
discharge are fundamentally different from the factors
considered by EPA in establishing the Standard. Such a
variance can not be granted without the approval of the
Approval Authority.
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9. State Requirements
Requirements and limitations on discharges set by the
DEC shall apply in any case where they are more stringent
than federal requirements and limitations or local limits.
10. Right of Revision
The municipalities reserve the right to establish by
amendment to this or other local laws more stringent
limitations or requirements on discharges to the POTW if
deemed necessary to comply with the objectives presented in
Section l (A) of this law. The Chief Operator also has the
right to require a specific Industrial User to comply with
more stringent limitations or requirements than appear in
this or other laws if deemed necessary to comply with the
objectives presented in Section l (A) of this law. No
variances from the limitations or requirements in this or
other local laws will be allowed without approval of both the
Chief Operator and .the Approval Authority.
11. Dilution Prohibited in Absence of Treatment
Except where expressly authorized to do so by an
applicable Pretreatment Standard or Pretreatment Requirement,
no Industrial User shall ever increase the use of process
water or in any other way attempt to dilute a discharge as a
partial or complete substitute for adequate treatment to
achieve compliance with either a Pretreatment Standard or
Pretreatment Requirement.
12. Alternative Discharge Limits
A. Where appropriate, the Chief Operator may impose
mass limitations, concentration limitations, or both types of
20
limitations on an Industrial User ' s discharge. Mass
limitations shall not be less stringent than the equivalent
concentration-based limitations set forth in any applicable
Pretreatment Standard or Pretreatment Requirement.
B. Where wastewater from a process regulated by a
Categorical Pretreatment Standard is mixed prior to treatment
with wastewaters other than those generated by the regulated
process, the Chief Operator may fix alternative discharge
limits applicable to the mixed effluent. Such alternative
discharge limits shall be derived by using the combined
wastestream formula as specified in 40 C.F.R. 9403 . 6 (e) .
13. Pretreatment
Each Industrial User shall provide necessary wastewater
treatment as required to comply with the requirements of this
law, including all National Pretreatment Standards and
Pretreatment Requirements . Any facilities required to
pretreat wastewater to a level which will achieve compliance
with this law shall be provided, operated, and maintained at
the User' s expense. Detailed plans showing the pretreatment
facilities and operating procedures shall be submitted to the
Chief Operator for review, and shall be acceptable to the
Chief Operator before construction of the facility. The
review of such plans and operating procedures will in no way
relieve the User from the responsibility of modifying the
facility as necessary to produce an effluent which complies
with the provisions of this law/ including compliance with
Pretreatment Standards or Pretreatment Requirements. Any
subsequent changes in the pretreatment facilities or method
21
of operation shall be reported to and be acceptable to the
Chief Operator prior to the User ' s initiation of such
changes. Bypasses are prohibited, except as allowed by 40
C.F.R. 9403 . 17.
14. Accidental Discharges
A. Plans and Procedures. All permitted Industrial
Users, and all other Industrial Users which store or use on-
site any substance which, if discarded, would be considered
hazardous waste, as that term is defined by the Resource
Conservation and Recovery Act and its regulations, shall
undertake measures to prevent the accidental discharge to the
POTW of prohibited materials or other substances regulated by
this law. Facilities to prevent the accidental discharge of
prohibited materials and other substances shall be provided
and maintained at the Industrial User ' s own expense .
11
Detailed plans showing facilities and operating procedures to
provide this protection shall be submitted to the Chief
Operator for review, and shall be approved by the Chief
Operator before construction of the facility. All existing
Industrial Users required to undertake accidental discharge
prevention measures shall' submit such a plan within sixty
(60) days of the effective date of this law. No Industrial
User which commences discharging into the POTW after the
effective date of this law and required to submit such a plan
shall be permitted to introduce pollutants into the system
until accidental discharge procedures have been approved by
the Chief Operator. Review and approval of such plans and
22
operating procedures shall not relieve the Industrial User of
the responsibility to modify the User's facility as necessary
to meet the requirements of this law.
B. Telephone Notice. In the case of an accidental
discharge by any Industrial User, it is the responsibility of
the Industrial User to telephone immediately and notify the
Chief Operator of the incident . The notification shall
include location of discharge, type of waste, concentration
and volume of pollutants and wastewater, and any and all
corrective actions taken by the User.
C. Written Notice. Within five (5) days following an
accidental discharge, the Industrial User shall submit to the
Chief operator a detailed written report describing the cause
of the discharge and the measures which have been and shall
be taken by the User to prevent similar future occurrences.
Such notification shall not relieve the Industrial User of
any expense, loss, damage, or other liability which may be
incurred as a result of damage to the POTW, fish kills, or
any other damage to persons, animals, aquatic life, property,
or natural resources; nor shall such notification relieve the
Industrial User of any fines, civil penalties, or other
liability which may. be imposed by this law or other
applicable law.
D. Notice to Employees. A notice shall be permanently
posted on the Industrial User' s bulletin board or other
prominent place advising employees whom to call in the event
of an accidental discharge. Employers shall ensure that all
23
employees who may cause or allow such a discharge to occur,
or who may know or have reason to know thereof, are advised
of the emergency notification procedures.
ARTICLE III - -WASTEWATER DISCHARGE PERMITS
15. Permit Required
All significant Industrial Users , and all other
Industrial Users which' discharge any conventional pollutants
in excess of the surcharge threshold levels described in
Section 47 below, shall obtain and maintain current
Wastewater Discharge Permits. All Industrial Users whose
discharges are of a type specifically identified in this law
as requiring a Wastewater Discharge Permit (such as, for
example, a discharge with a pH greater than 9 . 0 standard
units, or a discharge of noncontact cooling water) shall also
obtain and maintain current Permits. Existing Industrial
Users which are required to but do not have a current
Wastewater Discharge Permit as of the effective date of this
law shall apply to the Chief Operator for such a Permit
within thirty (30) days after the effective date of this law.
Existing Industrial Users which are not required as of the
effective date of this law to obtain such a Permit, but which
thereafter become required to obtain such a Permit, shall
file an application for said Wastewater Discharge Permit with
the Chief Operator within thirty (30) days of notification by
the Chief operator that the User must obtain a Permit. All
Industrial Users which are required to have such a Permit and
24
which propose to begin discharging wastewater to the POTW
after the effective date of this law shall obtain a
Wastewater Discharge Permit before commencing such a
discharge. An application for said Wastewater Discharge
Permit shall be filed with the Chief Operator at least sixty
(60) days prior to the proposed connection or discharge to
the Facility. The requirement to obtain said Industrial
Wastewater Permits shall be in addition to the requirements
to obtain sewer connection or other permits which may be set
forth in other laws.
16. Permit Application Requirements
To obtain a new Wastewater Discharge Permit, or to renew
an expiring Permit, the Industrial User shall complete and
file with the Chief operator an application in the form
prescribed by the Chief Operator, and accompanied by the
appropriate fee as indicated on the application. In support
of the application for a Wastewater Discharge Permit, the
Chief Operator may require the Industrial User to submit, in
units and terms appropriate for evaluation, the following
information:
(A) , Name, address, and location of the User (if
different from the address) ;
(B) SIC number with at least three (3) digits
according to the Standard Industrial Classification Manual,
Bureau of the Budget, 1972, as amended;
(C) Wastewater constituents and characteristics,
including, but not limited to, the concentrations of
pollutants referenced in Sections 6 and 47 of this law, as
determined by a New York Department of Health-certified
analytical laboratory; sampling and analysis shall be
performed in accordance with procedures established by the
EPA pursuant to Section 304 (h) of the Act and contained in 40
25
C.F.R. Part 136, as amended, and results of said sampling and
analysis, identifying the nature and concentration of
regulated pollutants contained in each regulated discharge
stream, shall be attached as Exhibits to the application;
(D) Time and duration of discharges;
(E) Average daily and maximum daily wastewater
flow rates , identified separately by regulated discharge
streams, and including daily, monthly, and seasonal
variations, if any;
(F) Site plans , floor plans, mechanical and
plumbing plans, and details to show all sewers, sewer
connections , and appurtenances by size, location, and
elevation;
(G) Description of activities, facilities, and
plant processes on the premises, including all materials
which are or could be discharged;
(H) Where known, the nature and both daily maximum
and average concentrations of any pollutants in the discharge
which are limited by any applicable National Pretreatment
Standards or Pretreatment Requirements, and a statement
regarding whether or not any applicable Pretreatment
Requirement or Pretreatment Standard is being met on a
consistent basis and, if not, whether additional Operation
and Maintenance (O&M) and/or additional pretreatment is
required for the Industrial User to meet the applicable
Pretreatment Standard or Pretreatment Requirement;
(1) If additional pretreatment and/or O&M will be
required to meet the above-described Pretreatment Standards
or Pretreatment Requirements, the shortest schedule by which
the Industrial User will provide such additional pretreatment
or O&M, which shall not be later than the compliance date
established for the applicable Pretreatment Standard or
Pretreatment Requirement;
schedule: The following conditions shall apply to this
1. The schedule shall contain increments of
progress in the form of dates for the commencement
and completion of major events leading to the
construction and operation of additional
pretreatment required for the Industrial User to
meet the applicable Pretreatment Standard or
Pretreatment Requirement (e.g. , hiring an engineer,
completing preliminary plans, completing final
plans, executing contract for major components ,
commencing construction, completing construction,
attaining and maintaining compliance, etc. ) .
26
2 . No increment referred to in Paragraph 1
shall exceed nine -(9) months.
3 . Not later than fourteen ( 14) days
following each date in the schedule and the final
date for compliance, the Industrial User shall
submit a progress report to the Chief Operator
including, ata minimum, whether or not it complied
with the increment of progress to be met on such
date and, if not, the date on which it expects to
comply with this increment of progress, the reason
for delay, and the steps being taken by the
Industrial User to return the construction to the
schedule established. In no event shall more than
nine (9) months elapse between such progress
reports to the Chief Operator.
(J) Each product produced by the User, if any, by
type, amount, process or processes and rate of production;
(K) Type and amount of raw materials processed by
the User (average and maximum per day) ;
(L) Number and type of User's employees, User' s
hours of operation and proposed or actual hours of operation
of pretreatment system;
Survey; (M) Completed New York State IndustrialChemical
(N) Name, title, and telephone number of the
Authorized Representative of the Industrial User;
(0) Any other information as may be deemed by the
Chief Operator to be necessary to evaluate the permit
application.
The Chief Operator shall evaluate the data furnished I by
the Industrial User and may require additional' information.
After evaluation and acceptance of the data furnished, the
Chief Operator may issue a Wastewater Discharge Permit
subject to terms and conditions provided herein.
17. Permit Conditions
Wastewater Discharge Permits shall be expressly subject
to all provisions of this law and all other applicable laws
27
and regulations established by the municipalities or Special
Joint Subcommittee. In addition, Wastewater Discharge
Permits may contain the following:
(A) The unit charge or schedule of User
charges and fees for the wastewater to be
discharged to the POTW;
(B) Limits on average and maximum
wastewater constituents and characteristics, based
on applicable National Pretreatment Standards and
Pretreatment Requirements.
(C) Limits on average and maximum rate
and time of discharge, and requirements for flow
measurement, regulation, and equalization;
(D) Requirements for installation and
maintenance of pretreatment facilities and of
inspection and sampling facilities;
(E) Specifications for monitoring
programs which may include specification of
Pollutants to be monitored, sampling locations ,
frequency of sampling, number, types and standards
for tests and reporting schedules;
(F) Compliance schedules for the
installation of pretreatment equipment and
performance of o&X (but in no event may a
compliance deadline in a Permit be later than a
National Pretreatment Standard compliance
deadline) ;
(G) Requirements for submission of
reports, including technical reports and discharge
reports;
, (H) Requirements for maintenance and
retention of records relating to wastewater
discharges and pretreatment equipment operation and
maintenance records for a minimum of three (3)
years, and affording the Chief Operator access
thereto for inspection and copying;
M Requirements for advance
notification to the Chief Operator of any change in
operations, and for advance approval by the Chief
Operator of any new introduction of wastewater
constituents or any substantial change in the
volume or character of the wastewater constituents
being introduced into the wastewater disposal
system;
28
(J) Requirements for immediate
notification to the Chief Operator of all
discharges that could cause problems to the POTW'
including any slug discharges and any other
accidental discharges;
(K) A statement of the Chief Operator's
right to enter Industrial Users ' premises and
inspect their facilities and operations;
(L) A statement of Permit duration in
accordance with 819 hereof, and in no case more
than five (5) years;
(M) A statement of Permit transferability
in accordance with 920 hereof;
(N) A. statement of applicable civil and
criminal penalties for violation of Pretreatment
Standards and Pretreatment Requirements, and of any
applicable compliance schedule;
(0) other conditions as deemed
appropriate by the Chief Operator to ensure
compliance with this law and the Act.
18. Permit Modifications
Wastewater Discharge Permits may be modified by the
Chief Operator upon thirty (30) days notice to the permittee.
Modifications may be made for the following, or other
similar, reasons:
A. Promulgation of or changes to a Pretreatment
Standard or Pretreatment Requirement;
B. changes in processes used by the permittee, or
changes in discharge volume or character;
C. Changes in design or capability of any part of the
POTW;
D. Changes to the POTW's SPDES permit; and
E. Discovery that the permitted discharge causes or
contributes to Pass Through or Interference at the POTW or
poses a risk to POTW worker health or safety.
29
Any modifications or amendments to the Wastewater
Discharge Permit which include more stringent limitations
than those contained in the prior Permit may include a
reasonable time schedule for compliance therewith, but no
compliance deadline therein shall be later than the deadline
for compliance with an applicable Categorical Pretreatment
Standard.
19. Duration of Permits
Wastewater Discharge Permits shall be issued for a
specified time period not to exceed five (5) years. A
Wastewater Discharge Permit may be issued for a period less
than a year or may be stated to expire on a specific date.
An Industrial User shall apply for Wastewater Discharge
Permit reissuance, on a form prescribed by the chief
Operator, at least ninety (90) days prior to the expiration
of the User's existing Permit. If a timely and complete
application is made for Permit reissuance, and the Permit is
not reissued before the existing Permit expires, then the
terms of the User's existing Permit shall remain in effect
after its expiration date until the Permit is reissued.
20. Permit Transfer
Wastewater Discharge Permits are issued to a specific
Industrial User for a specific operation. A Wastewater
Discharge Permit shall not be reassigned, transferred, or
sold to a new owner, new User, or be applicable to different
premises or to a new or changed operation without the
approval of the Chief operator, which must be obtained in
30
writing at least thirty (30) days in advance of the proposed
transfer date. No such approval shall be granted absent
submission to the Chief Operator of a written agreement
between the existing and proposed new permittee which sets
forth the date for and terms of the transfer of the
Wastewater Discharge Permit and all responsibilities ,
obligations, and liabilities thereunder. Any succeeding
owner or User shall comply with the terms and conditions of
the existing Wastewater Discharge Permit and all of the terms
and requirements of this law.
21. Permit Decisions
A. The Chief Operator shall provide all interested
persons with notice of decisions concerning the issuance,
modification, or transfer of Wastewater Discharge Permits.
Any person, including the Industrial User to whom the
Wastewater Discharge Permit was issued, may petition the
Special Joint Subcommittee for review of the Wastewater
Discharge Permit issuance, modification, or transfer decision
within twenty (20) days of the date on which the decision was
issued. Failure to submit a timely petition for review shall
be deemed to, be a waiver of Wastewater . Discharge Permit
review, and the Chief Operator's decision shall become final.
B. A petition for review must set forth the Wastewater
Discharge Permit provisions or decision objected to, the
reasons for the objection, and the alternative provisions, if
any, which the petitioner seeks to have included in the
Wastewater Discharge Permit.
31
C. The effectiveness of a Wastewater Discharge Permit
shall not be stayed pending the Special Joint Subcommittee's
review of the petition. The Special Joint Subcommittee's
decision concerning the petition for review shall be a final
administrative action.
ARTICLE IV - REPORTING REOUIREMENTs.
MONITORING, AND INSPECTIONS
22. Reporting Requirements
All Industrial Users must submit the reports required by
40 C.F.R. Part 403 or the Chief Operator. The Chief operator
shall specify the content of such reports to the Industrial
Users.
These reports include the following:
A. Baseline monitoring reports, to be submitted by
existing Industrial Users subject to Categorical Pretreatment
Standards within one hundred eighty (180) days after the
effective date of the Categorical Pretreatment Standard.
These reports are to be submitted by New Sources and sources
that become Industrial Users after the promulgation of an
applicable Categorical Pretreatment Standard, at least ninety
(90) days prior to commencement of discharge. These reports
shall contain the information required in 40 C. F.R. 1A
403 . 12 (b) .
B. Report on compliance with Categorical Pretreatment
Standards, to be submitted by existing sources within ninety
(90) days following the date for final compliance with an
32
applicable categorical Pretreatment Standard, or in the case
of a New Source, following commencement of the introduction
of wastewater into the POTW.
C. Periodic reports on continued compliance, to be
submitted by all permitted Industrial Users subject to
Pretreatment Standards or Pretreatment Requirements after the
compliance date of such Standard or Pretreatment, or, in the
case of a New Source, after commencement of the discharge
into the POTW. All such Industrial Users shall submit such
reports to the Chief operator during the months of June and
December, unless required more frequently or at different
times in the Pretreatment Standard, Pretreatment Requirement,
or by the Wastewater Discharge Permit. All Industrial Users
must include in such reports all sampling results for
pollutants limited by a Pretreatment Standard, Pretreatment
Requirement, or Wastewater Discharge Permit, if the sampling
and analyses were performed in accordance with 924 of this
law, even if the sampling was performed more frequently than
required by the Pretreatment Standard, Pretreatment
Requirement, or Wastewater Discharge Permit.
D. Compliance Schedule Reports, to be submitted by all
Industrial Users required to submit compliance schedules or
who have compliance schedules imposed on them by the
Chief Operator.
E. Notification in advance of any substantial change in
the volume or character of pollutants in an Industrial User's
discharge, including the listed or characteristic hazardous
wastes for which the Industrial User has submitted initial
33
notification pursuant to 922 (K) of this law, to be submitted
by all Industrial Users. No Industrial User shall introduce
new wastewater constituents or substantially change the
volume or character of its wastewater constituents without
such advance notification and advance written approval of the
Chief Operator.
F. Notification of change in production level, to be
submitted by Industrial Users operating under a permit
incorporating equivalent mass or concentration limits
calculated from a production based standard. These
notifications shall be submitted to the Chief Operator within
two (2 ) business days after the Industrial User has a
reasonable basis to know that the production level will
significantly change within the next calendar month.
G. Notification of discharges that could cause
potential problems to the POTW, including slug loadings and
accidental discharges, to be submitted by all Industrial
Users to the POTW immediately when the slug loading or
discharge containing the potential problem occurs. If the
immediate notification is oral, a written notice specifying
the nature and cause of the discharge, and steps taken to
eliminate the cause, must be submitted to the POTW within
five (5) days.
H. Notification of violation, as described in 9 24
below.
I. Upset notifications, to be submitted by Industrial
Users subject to Categorical Pretreatment Standards. Such an
Industrial User may avail itself of the upset provisions of
34
40 C.F.R. 9403 . 16 only where there is an exceptional incident
in which there is unintentional and temporary noncompliance
with the Categorical Pretreatment Standard because of factors
beyond the reasonable control of the Industrial User. The
upset notification must be submitted to the Chief Operator
within twenty-four (24 ) hours of the Industrial User' s
becoming aware of the upset (if this information is provided
orally, a written submission must be provided within five (5)
days) , and the Industrial User must comply with all
requirements of 40 C.F.R. 9403 . 16.
J. Bypass notification, to be provided by all
Industrial Users in advance of the bypass, if possible, or
within twenty-four (24) hours from the time the Industrial
User becomes aware of the bypass, if the bypass is
unanticipated. The- Industrial User must further comply with
all of the requirements regarding bypass set forth in 40
C.F.R. 9403 . 17.
K. Notification of hazardous waste discharge:
(i) (a) All Industrial Users shall notify the
Chief Operator, the EPA Regional Waste Management Division
Director, and the Director of DEC's Division of Hazardous
Substance Regulation in writing of any discharge into the
POTW of a substance which, if otherwise disposed of, would be
a hazardous waste under 40 C. F.R. Part 261 . Such
notification shall include the name of the hazardous waste as
set forth in 40 C.F.R. Part 261, the EPA hazardous waste
number, and the type of discharge (continuous, batch, or
other) . If the Industrial User discharges more than 100
35
kilograms of such waste per calendar month to the POTW, the
notification shall also contain the following information to
the extent such information is known and readily available to
the Industrial User: an identification of the hazardous
constituents contained in the wastes, an estimation of the
mass and concentration of such constituents in the
wastestream discharged during that calendar month, and an
estimation of the mass of constituents in the wastestream
expected to be discharged during the following twelve months.
(b) All existing Industrial Users shall have
filed such notifications by February 19 , 1991 . All
Industrial Users who commence discharging after August 23 ,
1990, shall file the notification no later than one hundred
eighty (180) days after the discharge of the listed or
fI characteristic hazardous waste. Any notification under this
section need be submitted only once for each hazardous waste
discharged. However, all Industrial Users must notify the
Chief Operator in advance, in accordance with 922 (E) of this
law, of any change in their wastewater discharges. The
notification requirement set forth herein does not apply to
any pollutants already reported under the self-monitoring
requirements set forth in Sections 22 (A) , (B) , and (C) above.
(ii) Industrial Users are exempt from the
requirements of Section 22 (K) (i) during a calendar month in
which they discharge no more than fifteen (15) kilograms of
hazardous wastes , unless the wastes are acute hazardous
wastes as specified in 40 C.F.R. 9261. 30 (d) and 261. 33 (e) .
Discharge of more than fifteen (15) kilograms of non-acute
36
hazardous wastes in a calendar month, or of any quantity of
acute hazardous wastes as specified in 40 C.F.R. 9261. 30 (d)
and 261. 33 (e) , requires a one-time notification. Subsequent
months during which the Industrial User discharges more than
such quantities of any hazardous waste do not require
additional notification.
(iii) In the case of any new regulations under
Section 3001 of the Resource conservation and Recovery Act
identifying additional characteristics of hazardous waste or
listing any additional substance as a hazardous waste, the
Industrial User must notify the Chief Operator, the EPA
Regional Waste Management Waste Division Director, and the
Director of DEC's Division of Hazardous Substance Regulation
of the Discharge of such substance within ninety (90) days of
the effective date of such regulations.
(iv) In the case of any notification made under
this Section, the Industrial User shall certify that it has a
program in place to reduce the volume and toxicity of
hazardous wastes generated to the degree it has determined to
be economically practical.
23. Signatory Requirements
All reports required to be submitted to the Chief
Operator shall include the following certification statement:
"I certify under penalty of law that this document and
all attachments were prepared under my direction or
supervision in accordance with a system designed to assure
that qualified personnel properly gather and evaluate the
information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly
responsible for gathering the information, the information
37
submitted is, to the best of my knowledge and belief, true,
accurate, and complete . I am aware that there are
significant penalties for submitting false information,
including the possibility of fine and imprisonment for
knowing violations. "
This certification statement shall be signed by an
Authorized Representative of the Industrial User.
24. Monitoring and Analysis
A. If the Industrial User ' s sampling indicates a
violation, the User shall notify the Chief Operator within
twenty-four (24) hours of becoming aware of such violation.
The User shall also repeat the sampling and analysis and
submit the results of the repeat analysis to the Chief
Operator within thirty (30) days after becoming aware of the
violation. The Industrial User is not required to resample,
however, if the Chief Operator performs sampling at the
Industrial User's facility at a frequency of at least once
per month, or if the Chief operator performs sampling at the
Industrial User ' s facility between the time when the
Industrial User performs its initial sampling and the time
when said User receives the results of the sampling.
B. The frequency and location of monitoring shall be
prescribed in the Wastewater Discharge Permit and shall not
be less frequent than prescribed in Section 22 (C) . At the
discretion of the Chief operator, the required monitoring and
analysis may be performed by the POTW in lieu of the
Industrial User, in which event the Industrial User is not
required to submit the report or compliance certification
required therein.
li
38
C. All analyses shall be performed in accordance with
procedures established by the EPA pursuant to section 304 (h)
of the Act and contained in 40 C.F.R. Part 136 and amendments
thereto, or with any other test procedures approved by the
EPA. Sampling shall be performed in accordance with the
techniques approved by the EPA and shall be performed in such
a manner and at such a time that the resulting analytical
data is representative of conditions occurring during the
reporting period. Samples of the Industrial User ' s
wastewater discharges shall be collected at each point of
discharge to the POTW sewerage system. Where 40 C.F.R. Part
136 does not include sampling or analytical techniques for
the pollutants in question, or where the EPA determines that
the Part 136 sampling and analytical techniques are
inappropriate for the pollutant in question, sampling and
analyses shall be performed using validated analytical
methods or any other sampling and analytical procedures,
including procedures suggested by the Chief Operator or other
parties, approved by the EPA.
25. Recordkeeping Requirements
A. All Industrial Users shall maintain records of all
information resulting from any monitoring activities of
wastewater discharges. Such records shall include for all
samples:
(i) The' date, exact place, method, and time of
sampling and the - names of the person or persons taking the
samples;
(ii) The dates analyses were performed;
39
Who performed the analyses;
(iv) The analytical techniques/methods used; and
(v) The results of such analyses.
All Industrial Users shall also maintain records
regarding pretreatment equipment operation and maintenance.
B. All Industrial Users shall keep copies of all such
records and reports of operation and maintenance, and
monitoring activities and results, for a minimum of three (3)
years. The records and reports of monitoring activities and
results shall be maintained regardless of whether such
monitoring activities are required by this law or the Act.
Each Industrial User shall make all records required to be
maintained available for inspection and copying by EPA, DEC,
and the chief operator. This period of retention shall be
extended during the course of any unresolved litigation
regarding the discharge of pollutants by the Industrial User
or the POTW, or when requested by EPA, DEC, or the Chief
Operator.
26. Monitoring Facilities
The Chief operator may require any Industrial User to
provide, operate and maintain, at the Industrial User's own
expense, sampling, monitoring and/or metering facilities at
the point or points in the facility selected by the Chief
Operator to allow inspection, sampling, and flow measurement
of discharges to the sewerage system and/or internal piping
systems. Sampling and monitoring facilities may be located
as approved by the Chief Operator to allow direct access by
POTW personnel without the necessity of notice to the
40
Industrial User. There shall be ample room in or near such
sampling manhole or facility to allow . accurate sampling and
preparation of samples for analysis . The sampling and
monitoring facilities shall be provided in accordance with
the Chief operator's requirements and all applicable local
construction standards and specifications . construction
shall be completed within ninety (90) days following written
notification to the Industrial User by the Chief Operator
that such facilities must be built.
27. Inspection and Sampling
A. The Chief Operator may inspect the facilities of any
Industrial User to ascertain whether the purposes and
requirements of this law and the Act are being met. Persons
or occupants of premises 'where wastewater is created or
discharged, or where records pertaining to such discharges
are kept, shall allow POTW representatives ready access at
all times to all parts of the premises for the purposes of
inspection, sampling, records examination and copying, or the
performance of any of their other duties . The Chief
Operator, EPA, and DEC shall have the right to set up without
notice on t-he User's property such devices as are necessary
to conduct sampling, inspection, compliance monitoring,
metering operations, and records copying. Where a User has
security measures in force which would require proper
identification and clearance before entry into its premises,
the User shall make necessary arrangements with its security
guards so that upon presentation of suitable identification,
41
personnel from the POTW, EPA, and DEC, or the-4
agents, will be permitted to enter, without de'
Purposes of performing their specific responsibi--
B. Where so requested in advance by an Indi,
and when taking a sample of industrial wastewat
representative shall gather sufficient volume of
practicable so that the sample can be split in,
volumes. One of the volumes shall be given to ti
User, and the other shall be retained b--
representative for analysis.
28. Slug Control Plans
At least once every two years, the Chief or
evaluate whether each Significant Industrial L
plan to control slug discharges. The Significar.
User shall comply with the provisions of an
control plan which the Chief operator deter
necessary, including, but not limited to:
(A) A description of discharge
including non-routine batch discharges;
(B) A description of stored chemicals;
(C) Procedures for immediately notify
of slug discharges, including any discharge
violate a prohibition under 40 C.F.R. 9403
procedures for follow-up written notification wit
days; and
(D) If necessary, procedures to pre'
impact from accidental spills, including those pr,
forth in 40 C.F.R. 9403 . 8 (f) (2) (v) (D) .
42
29. Confidential Information
A. In accordance with 40 C. F.R. 9 403 . 14 , any
information and data concerning a User which is contained in
or obtained from reports, questionnaires, Permit
applications, Permits, monitoring programs, and inspections
shall be available to the public and governmental agencies
without restriction, unless the User specifically claims, and
is able to demonstrate to the satisfaction of the public
official with custody of the records, that the release of
such information would divulge information, processes or
methods of production entitled to protection as trade secrets
of the User. Any such claim of confidentiality must be
asserted at the time of submission in the manner prescribed
on the application form or instructions or by stamping or
writing the words "CONFIDENTIAL BUSINESS INFORMATION" on each
page containing such information. If no claim is made, such
public official may make the information available to the
public without further notice.
B. Notwithstanding any claim of confidentiality, any
information and data provided to the Chief Operator which is
effluent data, as defined at 40 C.F.R. 92. 302 (including, but
not limited to, wastewater constituents and characteristics) ,
shall be available to the public without restriction. All
other information and data shall be available to the public
at least to the extent provided by 40 C.F.R. 92 . 302 .
C. Information determined by the public official with
custody of the records to be confidential shall not be made
available for inspection by the public, except as provided by
43
40 C.F.R. 92 . 302 , but shall be made available upon written
request to governmental agencies for uses related to this law
and the POTW's SPDES Permit. Information determined to be
confidential shall be available for use by the State or any
state agency, the municipalities, the Special Joint
Subcommittee, the POTW, or by the United States Or EPA in
criminal or civil judicial or administrative enforcement
proceedings involving the User.
I
ARTICLE V - SEPTAGE DISCHARGES
30. Septage Hauler Requirements
No person shall discharge septage into the POTW ' s
Treatment Plant without a valid DEC permit issued under 6
N.Y.C.R.R. Part 364 and a Wastewater Discharge Permit issued
by the POTW. Before discharging a load of septage into the
Treatment Plant, the septage hauler shall provide the POTW
with a list of persons and facilities from which the hauler
picked up septage for that load, a statement of the volume
and nature of the septage, and any other information
requested by the Chief Operator.
31. Septage Discharge Requirements
No person shall discharge into the POTW' s Treatment
Plant any septage containing hazardous wastes. The Chief
Operator has the discretion to refuse to accept any septage
load based on the type, concentration, or quantity of
pollutants, or on the capability or capacity of the POTW to
treat the septage. All septage discharges
must comply with
all Pretreatment Standards and Pretreatment Requirements.
44
32. Dumping Location and Timing
No person may discharge septage to any locations except
those on the POTW treatment plant site designated by the POTW
as Septage Receiving Stations, or those locations off the
treatment plant site at which the POTW has given the septage
hauler specific permission to discharge. The Chief Operator
also may restrict septage discharges to certain times, to
certain days of the week, or to certain seasons of the year.
33. Notification of Dumping n
Each discharge of septage shall be made only with the
approval of the Chief Operator. The septage hauler shall
contact the POTW to obtain permission to discharge septage
containing materials other than sanitary sewage prior to
delivering the septage load to the POTW. The Chief Operator
may require inspection, sampling, and analysis of each load
of septage prior to the discharge of the load. Any costs
associated with such inspection, sampling, and analysis shall
be paid by the septage hauler.
34. Dumping Fees
The Special Joint Subcommittee shall bill Tompkins
County for dumping fees associated with the discharge of
septage from private sources, pursuant to a schedule of rates
as set by the Special Joint Subcommittee. The Chief Operator
shall directly bill
the relevant governmental entity for
dumping fees associated with the discharge of septage from
public entities. All dumping fees shall include a fee for
11 the cost of solids disposal.
45
ARTICLE VI - ENFORCEMENT
35. Imminent Endangerment
The Chief Operator may immediately halt or prevent any
discharge of pollutants which reasonably appears to present
an imminent endangerment to the health or welfare of persons.
In the event that the Chief Operator determines that a
discharge of pollutants reasonably appears to present an
imminent endangerment to the health or welfare of persons,
the Chief operator shall provide informal (oral or written)
notice of said determination to the User. Said User shall
immediately stop or eliminate such discharge and shall submit
written proof of the elimination of the discharge to the
Chief Operator within forty-eight (48) hours of receipt of
notice of the Chief Operator's determination. If said User
fails voluntarily and immediately to halt such a discharge,
the Chief Operator shall take such actions as he or she deems
necessary to prevent or minimize endangerment to the health
or welfare of persons. Such actions include, but are not
limited to, seeking ex *Parte temporary injunctive relief,
entry on private property to halt such discharge, blockage of
a public sewer to halt such discharge, severance of the sewer
connection, suspension of wastewater disposal service,
suspension or revocation of a Wastewater Discharge Permit,
and institution of a legal or special proceeding. After such
discharge has been halted, the Chief Operator may take such
other and further actions provided under this Section as may
be necessary to ensure elimination of said discharge and
46
compliance with the terms of this law and Wastewater
Discharge Permits issued hereunder. If the User provides
satisfactory written proof that it has eliminated the cause
of the conditions creating the imminent endangerment, the
Chief Operator may reinstate the Permit, restore the sewer
connection and wastewater disposal service, and perform other
activities to allow the User to commence discharging again.
36. Other Harmful Discharges
The Chief Operator may also halt or prevent any
discharge of pollutants which:
(A) Presents or may present an endangerment to the
environment;
(B) Threatens to interfere with the operation of
the POTW; or
(C) Threatens to Pass Through the POTW.
In the event of such a discharge, the Chief Operator
must deliver a written notice to the User describing the
problems posed by the discharge and offering the User an
opportunity to respond. If the User does not respond in
writing to the Chief operator within twenty-four (24) hours
after delivery of such written notice, then the Chief
Operator may undertake such actions, including those
described in Section 35, as he or she deems necessary to
prevent or minimize the effects of such a discharge. If the
Industrial User does respond in writing within twenty-four
(24) hours, then no immediate suspension of service or of a
Wastewater Discharge Permit shall occur, unless the Chief
Operator reasonably believes that the User ' s discharge
47
continues to present or may present an endangerment to the
environment or threatens to cause Interference or Pass
Through at the POTW. If the User thereafter provides
satisfactory written proof that it has eliminated the cause
of the conditions creating the harmful discharge, then the
Chief Operator may perform activities to allow the User to
commence discharging again.
37. Publication of List of Violators
The Special Joint Subcommittee shall annually publish in
the largest local daily newspaper a list of the Industrial
Users which, at any time during the previous twelve (12)
months, were in significant noncompliance with applicable
Pretreatment Standards or Pretreatment Requirements. For
purposes of this provision, an Industrial User is in
significant noncompliance if its violation meets one or more
of the criteria set forth at 40 C.F.R. 8403 .8 (f) (2) (vii) .
38. Compliance Orders
The Chief Operator may issue compliance orders to
Industrial Users not complying with any Pretreatment
Standards, Pretreatment Requirements, Wastewater Discharge
Permits, or any other provisions of this law or the Act.
Such orders may, among other things, direct said Industrial
User to:
(A) Comply immediately with Pretreatment
Standards, Pretreatment Requirements, Wastewater Discharge
Permit provisions, this law, or the Act;
(B) comply with Pretreatment Standards ,
Pretreatment Requirements, Wastewater Discharge Permit
48
provisions, this law, or, the Act in accordance with a time
schedule set forth by the Chief Operator;
(C) Increase the frequency of sampling and
analysis of the Industrial• User's wastewater; and/or
(D) Undertake appropriate remedial or preventive
action to prevent the possibility of violations in the
future.
The issuance of or compliance with an order under this
section shall not relieve the Industrial User of liability
for violations which occur before the order is issued or
while the order is effective.
39. Suspension and Revocation of Permit
A. This section shall govern the ability of the
municipalities to suspend or revoke any Wastewater Discharge
Permit to any Industrial User in all situations except those
described in Sections 35 and 36 of this law regarding
discharges which present imminent endangerment or which
constitute harmful discharges. In all other situations, the
municipality in which the Industrial User is located (or any
of the municipalities, if the Industrial User is located
outside the municipalities) may suspend or revoke a
Wastewater Discharge Permit if it determines that a violation
of any provision of the Permit, the Act, or this law exists.
Unless and until all of the municipalities are named on the
POTW's SPDES permit, the City of Ithaca shall also have the
power to suspend or revoke Wastewater Discharge Permits for
all Industrial Users located outside the City of Ithaca.
49
Violations which may lead to such suspension or revocation
include, but are not limited to, the following:
(i) Failure of an Industrial User to accurately or
timely submit the information required in any report;
(ii) Failure of an Industrial User to allow access
to its premises* for the purposes of inspection, monitoring,
sampling, or records examination or copying by the POTW, EPA,
DEC, the United States, or the State;
(iii) Failure of an Industrial User to report
significant changes in its operations or the constituents,
characteristics, or volume of its wastewater; or
(iv) Violation of conditions of the Industrial
User's permit.
B. Before the relevant municipality may suspend or
revoke an Industrial Wastewater Permit, it must give the
Industrial User a hearing in accordance with the procedures
set forth at Section 41 below. The final decision as to
whether to suspend or revoke a Permit shall then be made by
the municipality and shall be a final administrative action.
40. Notice of Violation
A. Whenever the Chief Operator determines that any
Industrial User has violated or is violating any Pretreatment
Standard, Pretreatment Requirement, its Wastewater Discharge
Permit, or any other provision of the Act or this law, he or
she may serve upon such User, either personally or by
certified mail, return receipt requested, a written Notice of
Violation stating the nature of the violation. The Chief
Operator may include with the Notice of Violation a
50
Compliance Order directing the User to take specified actions
to correct the violations. The Chief Operator or relevant
municipality, as described in Section 39 above, may also
include with the Notice of Violation an Order to Show Cause
before the municipality as to why the User ' s Wastewater
Discharge Permit should not be suspended or revoked, or why
civil administrative penalties should not be assessed by the
municipality against the Industrial User for said violations.
Any such Show Cause hearing shall be conducted in accordance
with the provisions of 941 of this law.
B. Within thirty (30) days of the date of the Notice,
the User shall submit to the Chief Operator a written
explanation of the reasons for the violations and a plan for
the satisfactory correction thereof consistent with any
Compliance Order which the Chief Operator may issue.
C. Neither the issuance of a Notice of Violation, nor
the submittal of or compliance with a plan of correction or
Compliance order, shall relieve the -Industrial User of any
liability for violations of any Pretreatment Standards ,
Pretreatment Requirements, Wastewater Discharge Permit, the
Act, or this law, nor is the issuance of such a written
notice required before the Special Joint Subcommittee or
municipalities may take any other type of enforcement action
against the Industrial User.
41. Show Cause Hearing
A. Notice Requirements . A notice from the Chief
Operator or relevant municipality shall be served on the User
specifying the time and place of a hearing to be held by the
51
municipality regarding the violation, the proposed action to
be taken, the reasons why the action is proposed, and
directing the person to show cause before the municipality
why the proposed action should not be taken. The notice of
the hearing shall be served personally or by certified mail,
return receipt requested, at least ten (10) days before the
hearing. Service must be made on an Authorized
Representative of the Industrial User.
B. Conduct of the Hearina. T The municipality shall
conduct the hearing and take the evidence, or may designate
any of its members, the Special Joint Subcommittee, or the
Chief operator to:
M Issue in the name of the municipality notices
of hearings requesting the attendance and testimony of
witnesses and the production of evidence relevant to any
matter involved in such hearings;
(ii) Take evidence;
(iii) Transmit a report of the evidence and hearing,
including transcripts and other evidence, - together with
recommendations to the municipality for action thereon; and
(iv) Take any further necessary action as permitted
by this law or applicable contracts or agreements.
C. Testimony Recorded Under Oath. At any hearing held
pursuant to this law, testimony taken must be under oath and
recorded, either stenographically or by voice recording. The
transcript, so recorded, will be made available to any member
of the public or any party to the hearing upon payment of the
usual charges therefor.
D. Orders. After the municipality has reviewed the
evidence, it may issue an order suspending or revoking an
Industrial Wastewater Discharge Permit, or assessing civil
52
administrative penalties, and the timing for their payment to
the municipality, ' against the Industrial User. The issuance
of such an Order shall be a final administrative action.
E. Settlement. At any time after notice of the Show
Cause hearing has been served and before the municipality has
issued its order regarding permit suspension or revocation or
penalty assessment, the municipality may enter into a
Settlement Agreement with the Industrial User to resolve the
issues raised by the order to Show Cause.
42. Legal Action
If any person discharges industrial wastes, septage, or
other wastewater into the POTW contrary to the provisions of
this law, the Act, any applicable Pretreatment Standards or
Pretreatment Requirements, the conditions and requirements of
any Wastewater Discharge Permit issued hereunder, or any
order of the Chief Operator, Special Joint Subcommittee, or
municipality, counsel for the municipality where such person
is located (or counsel for any of the municipalities, if such
person is not located in any of the municipalities) may
commence an action for appropriate legal and/or equitable
relief, including, but not limited to, injunctive relief,
penalties, and fines, in either state or federal court. In
addition, until and unless all of the municipalities are
named on the POTW's SPDES permit, the City Attorney for the
City of Ithaca shall have the authority to initiate such
court proceedings against violators located outside the City
of Ithaca. The municipalities, Special Joint Subcommittee,
or POTW may also ask appropriate officials at the local,
53
state, or federal levels to investigate and bring a criminal
action against any Industrial User or person associated with
an Industrial User believed to have violated the criminal
provisions of this law, the Act, or any other law.
ARTICLE VII - PENALTIES AND COSTS
43. Civil Penalties
A. Any person who violates an Order of the Chief
Operator, Special Joint Subcommittee, or municipality, or
fails to comply with any provisions of this law, the Act,
Pretreatment Standards or Pretreatment Requirements, or
Wastewater Discharge Permits issued hereunder, may be
assessed by the relevant municipality, as described in
Section 39 above, a civil administrative penalty not to
exceed Two Thousand Five Hundred Dollars ($2,500. 00) per day
for each violation. Each day on which a violation shall
occur or continue shall be deemed a separate and distinct
offense.
B. Any person who violates an order of the Chief
Operator, Special Joint Subcommittee, or municipality, or
fails to comp'ly with any provisions of this law, the Act,
Pretreatment Standards or Pretreatment Requirements, or
Wastewater Discharge Permits issued hereunder, may be
assessed a civil judicial penalty not to exceed Five Thousand
Dollars ($5, 000- 00) per day for each violation. Each day on
which a violation shall occur or continue shall be deemed a
separate and distinct offense.
54
C. All civil administrative or civil judicial penalties
recovered hereunder shall be paid to the municipality which
prosecuted the enforcement action. After reimbursing itself
for the expenses of prosecution, the municipality shall pay
the balance to the City of Ithaca Joint Activity Fund for
POTW expenditures. In addition to the penalties provided
herein, the municipalities may recover court costs, court
reporters' fees, and other expenses of litigation, as well as
recoverable attorneys ' fees, in an appropriate legal action
against the person found to have violated this law or
limitations or conditions of a Wastewater Discharge Permit
issued thereunder.
D. Nothing in this section shall preclude the
municipalities from bringing an action against a User for
liability incurred as a result of damage to the POTW, fish
kills, or any other damage to persons, animals, aquatic life,
property, or natural resources.
44. Criminal Fines and Imprisonment
A. Any person who knowingly violates any requirement of
this law or of any Wastewater Discharge Permit condition or
limitation implementing the requirements of this law, shall
be guilty of a misdemeanor and upon conviction thereof shall,
if the person is not a corporation, be punished by a fine
not exceeding Ten Thousand Dollars ($10, 000. 00) per day of
violation, or by imprisonment for a term of not more than one
year, or by both such fine and imprisonment; and if the
55
person is a corporation shall, upon conviction, be punished
by a fine not exceeding Twenty Thousand Dollars ($20, 000. 00)
per day of violation.
B. Any person who knowingly makes any false material
statement, representation, or certification in any
application, record, report, plan, or other document filed or
required to be maintained under this law or who knowingly
falsifies, tampers with, or renders inaccurate any monitoring
device or method required to be maintained under this law,
shall be guilty of a misdemeanor and upon conviction thereof
shall, if the person is not a corporation, be punished by a
fine not exceeding Ten Thousand Dollars ($10, 000- 00) per day
of violation, or by imprisonment for a term of not more than
one year, or by both such fine and imprisonment; and if the
person is a corporation shall, upon conviction, be punished
by a fine not exceeding Twenty Thousand Dollars ($20, 000. 00)
per day of violation.
ARTICLE VIII - FEES
45. Charges and Fees
It is one of the purposes of this law to provide for the
recovery of costs from persons who use the POTW, in order to
implement the Programs established herein. Charges and fees
may include:
(A) fees for reimbursement of the costs of setting
up and operating the POTW's pretreatment program;
(B) fees for monitoring, sampling, inspections,
and surveillance procedures;
56
(C) fees for reviewing accidental discharge
procedures and construction;
(D) fees for Permit applications and
modifications;
(E) fees for consistent removal (by the POTW) of
pollutants otherwise subject to National Categorical
Pretreatment Standards;
(F) fees for sludge disposal;
(G) other fees as the Special Joint Subcommittee
may deem necessary to carry out the requirements contained
herein.
46. Assessment of Charges and Fees
The charges or fees for the items enumerated in Section
45 above shall be set from time to time in accordance with
procedures permitted by applicable laws.
47. Surcharges for certain Conventional Pollutants
A. Industrial Users discharging wastewater which
exceeds the following concentrations for any of the
conventional pollutants listed below shall pay a surcharge
for use of the POTW:
Level Above Which
Surcharge Applies
Pollutant (24 Hour Composite, in ppm)
Chemical Oxygen Demand 350
Suspended Solids 250
BOD5 250
Phosphorus 6
Nitrogen, Total 25
The surcharge shall be calculated to recover the POTW's
costs to treat these conventional pollutants to the extent
57
that the concentrations of these conventional pollutants
exceed the levels stated above. The surcharge shall be set
from time to time in accordance with procedures permitted by
applicable laws. The Chief Operator may grant a surcharge
waiver to any Industrial User which demonstrates that its
exceedances of the surcharge threshold levels are due to
innovative water conservation practices.
B. The surcharge threshold levels set forth above are
not local limits . All Pretreatment Standards and
Pretreatment Requirements, including the prohibition against
Pass Through and Interference, do apply to discharges of the
conventional pollutants listed above. In addition, nothing
in this section shall prevent the Chief Operator from
exercising his or her right, as described in Section 10 of
this law, to require an Industrial User to comply with
specific discharge limits on these Pollutants if deemed
necessary to meet the objectives of 'Section l(A) of this law.
In the event that an Industrial User receives specific
discharge limits for any of these pollutants, no surcharge
shall apply and violations of the discharge limit by the
Industrial User shall instead subject the Industrial User to
the enforcement provisions of this law.
ARTICLE IX - SEVERABILITY• REPEALER• EFFECTIVE DATE
48. Severability
If any Provision, paragraph, word, section, or Article
of this law is invalidated by any court of competent
58
jurisdiction, the remaining provisions, paragraphs, words,
sections, and Articles shall not be affected and shall
continue in full force and effect.
49. Repealer
All regulations, ordinances or local laws, and any parts
thereof, which are inconsistent or conflict with any part of
this law are hereby repealed to the extent of such
inconsistency or conflict.
50. Effective Date
This law shall be in full force and effect after
publication, posting and filing with the New York Secretary
of State and upon approval by the U. S . Environmental
Protection Agency.
59
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
(Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 17 of 1992
of the (W5KfyRQW)(Town)(yAVMW of ITHACA was duly passed by the
TOWN BOARD - on JULY 13, 1992 , in accordance with the applicable provisions of Iaw.
Name of Legislative Body
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the EIective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19_, and was (approved)(not disapproved)(repassed after
Name of Legislative Body
disapproval) by the and was deemed duly adopted on 19
Elective Chief Executive Officer' --'
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
-,hereby certify that the local law annexed hereto, designated as local law No. of 19
C L the (County)(City)(Town)(Village) of was duly passed by the
Name of Legislative Body on 19_, and was (approved)(not disapproved)(repassed after
-
disapproval) by the on 19 . Such local law was
Elective Chief Executive Officer'" —"
submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on
19_, in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referndum.)
I hereby certify that the local law annexed hereto, designated as local law No. Of I9_
of the (County)(City)(Town)(Village) of was duly passed by the
and was (approved)(not disapproved)(repassed after
Name of Legislative Body
disapproval) by the on 19 Such local law was subject to
Elective Chief Executive Officer'
permissive referendum and no valid petition requesting such referendum was filed as of 19 ,
in accordance with the applicable provisions of law.
Iective Chief Executive Officer means or includes the chief executive officer of a county elected on a
aunty-wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city
or village, or the supervisor of a town where such officer is vested with the power to approve or veto local
taws or ordinances.
(2)
5. (City Iocal law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the City of having been submitted to referendum pursuant to
the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote
rf a majority of the qualified electors of such city voting thereon at the (special)(general) election held on
19became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the County of , State of New York, having been submitted to
the electors at the General Election of November 19_, pursuant to subdivisions 5 and 7 of
section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns
of said county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropritate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that
the same is a correct transcript therefrom and of the whole of such original local law, and was -finally adopted
in the manner indicated in paragraph 1 , above.
Clerk of tCounty legislative body,City,Town or Village Clerk
or officer designated by local legilsative body
(Seat) Date: August 18. 1992
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF TOMPKIN
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
proceedings have been had or taken for the enactment of tUlca w annexed hereto.
Ct oSignaturTOWN`' TTORNEY
Title
Town
of ITHACA
i-
Date: August 18, 1992
(3)
FINAL
��� F7� Town Assigned Project ID Number Rev. 10/90
Town of Ithaca Environmental Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County ONLY
PART I - Project Information (To be completed by Applicant or Project Sponsor)
1. Applicant/Sponsor: 2* ame:
Town
0�c? Law No. 17 of Z_
To n of Ithaca Town Board Koea
3. Precise Location (Street Address and Road Intersections,prominent landmarks,etc.or provide map):
Town of Ithaca, Tompkins County, New York
Tax Parcel Number:-NI A
4. Is Proposed Action: NEW
1:1 11 EXPANSION MODIFICATION/ALTERATION
5. Describe Project Briefly (Include project purpose,present land use,current and future construction plans, and other
rel-evant items):
L,c;,L4i_ (-A(,O 70 SET- r-O&T-W POP. U56 OF 7-k& -T.cN-A)
arz i r-t4,4 cA s 4 tj t rAty s rooAsiot sy s r-r.M 44V I*WA-C-A MLS_A "JAS,?-rz w4rag,
(Attach separate sheet(s) if necessary to adequately describe the proposed project.)
Amount of Land Affebted: Initially (0-5 yrs)_!/A Acres * (6-10 yrs) 0 Acres (>10 yrs) 0
-Acres
.low is the Land Zoned Presently?
N/A
8. Will proposed action comply with existing zoning or other existing land use restrictions?
YES F7 NO If no, describe conflict briefly:
UW N/A
9. Will proposed action lead to a request for new:
Public Road? YES El NO Public Water? YES[] NO Public Sewer? YES NO LK
10. What is the present land use in the vicinity of the proposed project? Residential Commercial
[:]Indus-trial []Agriculture Park/Forest/Open Space Other
Please describe: VA
11. Do2gs-proposed action involve a permit,approval,or funding, now or ultimately from any other governmental agency
ELe Dal State,Local)? YES
j NO If yes,list agency name and permit/approval/funding:
R—PA rP_oL..,ei-k AI`1040(44�-
12. Does anti aspect of the proposed action have a currently valid Permit oraDproval? YES❑ NO
If yes, list agency nami and permit approval. Also,state whether that permit/approval will require modification.
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
licant/Sppnsor Name (Print or Type): Town Board, Town of Ithaca
Signature: Supervisor
Date:
PART II - E MY I RO N M ENTAL ASSESSMENT (To be completed by the Town of Ithaca; Use attachments as necessary)
A. Does proposed action exceed any Type I Threshold in 6 NYCRR,Part 617.12 or Town Environmental Local Law?
YESF-1NO E] If yes,coordinate the review process and use the Full EAF.
B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR,Part 617.6?
YES� NO 9 (if no, a negative declaration may be superseded by another involved agency,if any.)
Could proposed action result in any adverse effects associated with the following:(Answers may be handwritten,if legible)
C1. Existing air quality,surface or groundwater quality,noise levels,existing traffic patterns,solid waste production
and disposal,potential for erosion,drainage or flooding problems? Explain briefly:
None anticipated.
C2. Aesthetic,agricultural,archaeological, historic,or other natural or cultural resources? Community or
neighborhood character? Explain briefly
None anticipated.
C3. Vegetation or fauna,fish,shellfish or wildlife species, significant habitats,unique natural areas,wetlands,
or threatened or endangered species? Explain briefly:
None anticipated.
C4. The Town's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other
natural resources? Explain briefly:
None anticipated.
C5. Growth,subsequent development,or related activities likely to be induced by the proposed action? Explain briefly:
None anticipated.
C6. Long term,short term,cumulative,or other effects not identified in C1-C5? Explain briefly:
None anticipated.
:7. Other impacts(including changes in use of either quantity or type of energy)? Explain briefly:
None anticipated.
D. Is there, or is there likely to be,controversy related to potential adverse environmental impacts?
YES � NO r\7/�j If yes, explain briefly:
E. Comments of staff DI CAC F], Other F] attached. (Check applicable boxes)
PART I I I - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca)
Instructions: For each adverse effect identified above,determine whether it is substantial, large,important or otherwise
significant. Each effect should be assessed in connection with its(a)setting(ie.urban or rural);(b)probability of
occurring;(c) duration;(d)irreversibility;(e) geographic scope; and(f)magnitude. If necessary,add attachments or
reference supporting materials. 'Ensure that explanations contain sufficient detail to show that all relevant adverse
impacts have been identified and adequately addressed.
ECheck this box if you have identified one or more potentiallylargeor significant adverse impacts which MAY occur.
l Then proceed directly to the full EAF and/or prepare a positive declaration.
® Check this box if you have determined,based on the information and analysis above and any supporting documentation,
that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attach-
ments as necessary,the reasons supporting this determi
Town Board, Town of Ithaca 4 4 UJ
Name of Lead Agency Prepa-rer's Signatureif—different from Responsible Officer)
-Shirley Raffensperger, Supervisor
Name & Title of!Respon ible Officer in Lead Agency Signature of Contributing Preparer
Date: (P 9'Z—
Si _nature of Responsible Officer in Lead A encg